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TMI Blog2010 (5) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. [Order]. - The Court : The petitioner in this Art. 226 petition dated May 14, 2009 is alleging inaction on the part of the customs and seeking a mandamus commanding the customs to permit it to affix the best before or expiry date label on the tins containing the food articles sought to be imported into the country. 2. On the ground that the tins containing the food articles sought to be impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning the food articles sought to be imported into the country. 4. Referring me to the pleadings of the parties, Mr. Chowdhury, counsel for the petitioner, has argued that the court should issue a mandamus. Mr. Gupta, counsel for the customs, and Mr. Mondal, counsel for the Union of India and Port Health Officer, have submitted that no permission to affix label can be granted for importing the mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n support of his argument that in a fit case permission to affix label can be given by the customs. According to Mr. Gupta and Mr. Mondal, in view of the circular of the directorate of health, the provisions of the Food Adulteration Act, 1954 and the Rules made thereunder, permission for affixing label cannot be granted. 9. In my opinion, the question should have been examined by the customs. I t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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